People v. McGee

Illinois Appellate Court
Criminal Court
Speedy Trial Act
Citation
Case Number: 
2015 IL App (1st) 130367
Decision Date: 
Thursday, October 29, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and reversed in part; remanded with instruction.
Justice: 
COBBS
Defendant was convicted of first degree murder and aggravated kidnapping and sentenced to consecutive terms of 60 years and 25 years in prison. Defendant was lawfully seized, and thus lineup identifications were properly admitted into evidence. Prosecutor sought to discuss reasonable doubt standard in terms which did not diminish its burden of proof, and thus statements in closing arguments were not reversible error. State violated Speedy Trial Act by charging Defendant with first-degree murder 18 months after Defendant was charged with attempted murder, aggravated battery, aggravated kidnapping, and unlawful restraint. Victim was kidnapped and beaten in Chicago but was found dead in Gary, Indiana. State had knowledge that at least part of the injuries that caused victim's death occurred in Illinois. At time of original indictment State had a conscious awareness of evidence that is sufficient to give State a reasonable chance to secure a conviction.(HOWSE and ELLIS, concurring.)